UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

NELDA KELLOM as Personal

Representative of the Estate of Civil Action No.
TERRANCE KELLOM, Deceased Hon.

Plaintiffs,
vs.
Immigration and Customs Enforcement
Agent MITCHELL QUINN, Detroit
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.

Police Officers DARELL FITZGERALD

and TREVA EATON, in their individual
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capacities, jointly and severally,

Defendants.
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__________________________________________________________________/
Nabih H. Ayad (P59518)
Attorney for Plaintiff
645 Griswold St., Ste. 2202
Detroit, MI 48226
(313) 983-4600
nayad@ayadlaw.com
__________________________________________________________________/

COMPLAINT AND JURY DEMAND

NOW COME Plaintiff Nelda Kellom, as Personal Representative of the Estate

of Terrance Kellom, deceased, by and through her attorneys, AYAD LAW, PLLC.,

and for her Complaint and Jury Demand, states as follows:

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 INTRODUCTION

1. This is a civil rights and wrongful death action stemming from an

incident that occurred in the City of Detroit in the afternoon hour of April 27, 2015.

As a direct and proximate result of the actions and inactions of Defendants, Terrance

Kellom was deprived of his civil and constitutionally guaranteed rights and endured

physical and emotional pain and suffering and death. Plaintiff seeks compensatory

and punitive damages, reasonable attorneys fees, and the costs of this litigation.
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AYAD LAW, P.L.L.C.

2. Plaintiff seeks damages and asserts claims for Defendants violations

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of 42 U.S.C. 1983 and 1988, the 4th and 14th Amendment to the United States

Constitution, and under the statutes and common law of the State of Michigan, all
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resulting in injury and tragic death of Terrance Kellom on April 27, 2015.

3. At the time of the events alleged in this Complaint, Defendants Mitchell

Quinn, Darell Fitzgerald, and Treva Eaton were each acting in their individual

capacities, within the course and scope of their employment, and under color of state

and/or federal law.

JURISDICTION AND VENUE

4. The jurisdiction of the court is invoked pursuant to the Civil Rights Act,

42 U.S.C. 1983 et seq; the Judicial Code, 1331 and 1343(a), Bivens v. Six

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 Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91

S. Ct. 1999 (1971), and the Constitution of the United States.

5. Plaintiff further invokes this Courts supplemental jurisdiction pursuant

to 28 U.S.C. 1367(a), over any and all state law claims that are related to the claims

within the original jurisdiction of this Court as they form part of the same case or

controversy.

6. Venue is proper in this District under 28 U.S.C. 1391(b). The parties

reside, or at the time the events took place, resided in this judicial district, and the
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AYAD LAW, P.L.L.C.

events giving rise to Plaintiffs claims also occurred in this judicial district.
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7. The amount in controversy in this case is well in excess of $75,000.00,

the jurisdictional minimum.

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PARTIES

8. Plaintiff, Nelda Kellom, is the mother and Personal Representative of

the Estate of Terrance Kellom, Deceased. She files this lawsuit in both her individual

capacity and in her representative capacity on behalf of the Estate of Terrance

Kellom. At all relevant times herein, Mrs. Kellom was a resident of Wayne County,

Michigan.

9. Prior to his death, Terrance Kellom (Terrance) was at all times

relevant a citizen of the United States of America residing in Wayne County,

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 Michigan and entitled to the protections of the Constitution and laws of the United

States of America and the State of Michigan.

10. Terrances surviving heirs are his three-year-old son and two-year-old

daughter pursuant to the probate laws of the State of Michigan.

11. Defendant Mitchell Quinn is, and at all relevant times herein, a federal

law enforcement agent employed by Immigration and Customs Enforcement, a

federal agency organized and existing under the laws of the United States. Defendant

Quinn was at all relevant times herein a member of the Detroit Fugitive
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Apprehension Team who shot and killed Terrance. Defendant Quinn acted in his
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individual capacity, within the course and scope of his employment, and under color

of federal law. Defendant Quinn is a former Detroit police officer who, during his
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tenure, was sued for false arrest and assault. Also, in 2008, Defendant Quinn was

criminally charged with assault with a deadly weapon for aiming a loaded gun to his

ex-wifes head and later suspended from the Detroit Police Department. Six months

later in September 2008, Immigration and Customs Enforcement (hereinafter ICE)

hired Defendant Quinn.

12. Defendant Officer Darell Fitzgerald is, and at all relevant times herein,

a law enforcement officer employed by the City of Detroit who was acting under

color of federal and/or state law within the course and scope and in furtherance of

his employment with the Detroit Police Department.

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 13. Defendant Officer Treva Eaton is, and at all relevant times herein, a law

enforcement officer employed by the City of Detroit who was acting under color of

federal and/or state law within the course and scope and in furtherance of her

employment with the Detroit Police Department.

FACTUAL ALLEGATIONS

14. Terrence was shot and killed by ICE agent Mitchell Quinn on April 27,

2015. Terrence was 20 years old.

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15. On April 27, 2015, Defendants were participants of the US Marshall

AYAD LAW, P.L.L.C.
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Detroit Fugitive Apprehension Team (DFAT).

16. The DFAT was a joint venture of multiple police agencies.

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17. At approximately 1:00 p.m., officers arrived at a house located at 9543

Evergreen within the City of Detroit, to locate Terrance.

18. Upon information and belief, the house located at 9543 Evergreen was

owned by Kevin Kellom, Terrances father. It is a two-story house.

19. Kevin Kellom, Terrance Kellom, Teria Kellom, Cheffon Jones,

Anthony Coleman, and Yvette Johnson were inside the house at the time officers

arrived.

20. Defendant Fitzgerald and an unknown officer knocked on the door of

the house. Kevin answered the door and the officers asked the whereabouts of his

son Terrence.
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 21. Defendant Fitzgerald demanded to search the house. Teria Kellom,

Terrances sister, who came to the door, asked Defendant Fitzgerald if they had a

warrant.

22. Defendant Fitzgerald wrongly told Teria and Kevin, and wrongly

reported, that he had a search warrant. (Exhibit A, Police Report).

23. In fact, the officers had an arrest warrant for Terrance Kellom, as

opposed to a search warrant and had no legal authority to enter the house. Steagald

v. United States, 451 U.S. 204 (1981).

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AYAD LAW, P.L.L.C.

24. Two officers then entered the house and immediately headed upstairs.
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25. Defendant Fitzgerald remained downstairs.

26. The two officers allegedly located Terrance in the attic. Once Terrance
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was located, they called for backup. Defendant Quinn and Eaton responded to the

officers request for backup.

27. Once Terrance was downstairs in the hallway on the first floor of the

house, he was confronted by Defendant Quinn and Defendant Eaton.

28. Terrance was unarmed and had his hands in the air.

29. Without justification or excuse, Defendant Quinn fired several

gunshots into the body of Terrance.

30. Upon information and belief, at least six shots were fired. Terrance was

struck by four bullets fired at him in his neck, chest, leg, and back.

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 31. While he lay to his death, Terrance was handcuffed following the

shooting.

32. Despite having an opportunity to prevent the shooting, Defendant Eaton

waited until all shots were fired before she exclaimed Why did you fucking shoot!

Defendant Quinn then rushed out of the scene.

33. Defendant Quinn falsely claimed that Terrance was wielding a hammer

at him which he claimed threatened his life and caused him to fire his weapon.

34. None of the guests present in the home saw Terrance with a hammer.
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Corroborating this account, Terrances fingerprints were not found on a hammer.

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(Exhibit B, Laboratory Report NV15-1803 Record 2).

35. Although Terrances blood was found on a hammer, the Michigan State
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Police found that the bloodstaining on the hammer was the result of a bloodstained

object(s) contacting it and/or blood being deposited on it and then an object(s)

contacting it. (Exhibit C, Laboratory NV15-1803 Record 4, page 3).

36. None of the Defendants suffered any injuries during their interaction

with Terrance Kellom.

37. At all times material and relevant, Defendant Quinn had no justifiable

excuse or reason to shoot twenty-year-old Terrance Kellom.

38. Defendants Eaton and Fitzgerald had the duty and opportunity to

intervene to protect Terrance and did nothing to assist him or prevent the shooting.

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 39. Upon information and belief, to cover up their misconduct, Defendants

provided false and incomplete reports and/or gave false and incomplete versions of

the events to certain superiors and the public; most significantly, regarding the

possession of a search warrant and that Terrance was wielding a hammer.

40. As a direct and proximate result of Defendants misconduct, Terrances

minor children, his family and his community suffered, inter alia, injury, pain and

suffering, mental distress, loss of love, affection, society, companionship,

consortium and expenses, as well as other injuries as a result of Terrances death.

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COUNT I
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BIVENS CLAIM
As to all Defendants

41. Plaintiff incorporates by reference the allegations contained in

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Paragraphs 1 through 40 above as though fully set forth herein.

42. Defendants Quinn, Fitzgerald, and Eaton, acting under the color of

federal law based on their positions as officers with the U.S. Marshals Service

Detroit Fugitive Apprehension Team (the DAFT), knowingly and individually

violated Plaintiffs constitutional rights through, inter alia, causing the above-

described attack and fatal shooting of Terrence, without legal justification.

43. The actions of Defendants resulting in Terrances death without just

cause violated his rights under the Fourth Amendment to the United States

Constitution to be secure in his person against, unreasonable search and seizure,

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 excessive force, and the unlawful use of deadly force under the Fourteenth

Amendment to the United States Constitution, and caused the injuries set forth

above.

44. Defendants use of unnecessary, unreasonable, outrageous, and

excessive force, as described herein, constitute wanton, willful, reckless,

unjustifiable, and malicious conduct warranting the imposition of exemplary

punitive damages.

45. At all times relevant, acting under color of law, Defendants were
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required to obey the laws of the United States including those laws identified and
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described in the United States Constitution.

46. The aforementioned actions of Defendants were the direct and

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proximate cause of the constitutional violations set forth above and of the Plaintiffs

injuries.

47. Faced with the circumstances present at the aforementioned times and

places, reasonably prudent law enforcement officers would or should have known

that the actions of Defendants resulting in the deadly force described herein violated

Terrence Kelloms clearly established Fourteenth Amendment liberty interest in

bodily integrity as well as protection from unlawful search and seizure, unnecessary

force, and excessive force pursuant to the Fourth Amendment to the United States

Constitution.

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 48. Plaintiff seeks an award of compensatory damages and punitive

damages against Defendants, individually, under Bivens v. Six Unknown Named

Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) as a result of their

actions in deprivation of Plaintiffs constitutional rights.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter

judgment in his favor and against Defendants jointly and severally as well as award

costs, interest, attorney fees, punitive and exemplary damages so wrongfully

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incurred and any other relief as is just and proper.

AYAD LAW, P.L.L.C.
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COUNT II
42 U.S.C. 1983 EXCESSIVE FORCE AND/OR UNLAWFUL USE OF
DEADLY FORCE
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As to Defendants Fitzgerald and Eaton

49. Plaintiff hereby incorporates by reference the allegations

contained in Paragraphs 1 through 48 as though fully set forth herein.

50. The above-described savage physical and fatal attack on Plaintiff was

without legal justification.

51. At all times relevant, Plaintiff had a clearly established right to liberty

protected in the substantive components of the Due Process Clause of the

Fourteenth Amendment to the United States Constitution, including his right to

personal safety and bodily integrity, as well as protection from unlawful search

and seizure, unnecessary force, unreasonable force, and excessive force pursuant
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 to the Fourth Amendment to the United States Constitution.

52. At all times relevant, as police officers acting under color of law,

Defendants Fitzgerald and Eaton were required to obey the laws of the United

States, including those laws identified under the Fourth and Fourteenth

Amendments to the United States Constitution.

53. In violation of Plaintiffs clearly established constitutionally-

protected right to be free from punishment and deprivation of life and liberty

without due process of law under the Fourth and Fourteenth Amendments to the
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United States Constitution, Defendants Fitzgerald and Eaton failed to act to

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prevent the use of unnecessary, unreasonable, and excessive force against

Plaintiff.
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WHEREFORE Pursuant to 42 U.S.C. 1983, Defendants are liable for all

damages allowed under federal law and under the Michigan Wrongful Death Statute

MCL 600.2922. To the extent that the damages allowable and/or recoverable under

one or both of the statutes are deemed insufficient to fully compensate Plaintiff

and/or to punish or deter the Defendants, this Court must order additional damages

to be allowed so as to satisfy any and all such inadequacies.

54. Plaintiff demands substantial actual or compensatory damages, and

because Defendants acted maliciously, wantonly, or oppressively, punitive damages,

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 plus the costs of this action, attorneys fees and whatever additional relief this Court

deems equitable and just.

COUNT III
1983 CONSPIRACY BY DEFENDANTS
As to all Defendants

55. Plaintiffs incorporate by reference their allegations contained in

Paragraphs 1 through 54, above, as though fully set forth herein.

56. Upon Defendants realizing that Terrance Kellom was unjustly

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murdered, they intentionally conspired to cover-up their unlawful and

AYAD LAW, P.L.L.C.
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unconstitutional acts by providing false and fictitious information to the authorities

and to the media regarding the shooting of Terrance, including falsely claiming that
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warrants were presented, that Terrance threatened Defendant Quinn with a hammer,

and that the discharge of the firearm was the result of a reasonable fear of harm.

57. Defendants acted in concert to cover-up the facts and circumstances of

the fatal shooting of Terrance Kellom.

58. As soon as Defendants realize that they had wrongfully killed Terrance,

they mutually, either tacitly or overtly, agreed to commence a conspiracy to cover-

up the facts of what they had done.

59. Defendants conspiracy sought to deprive Plaintiff Terrance Kellom

and his family of their constitutional rights.

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 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter

judgment in his favor and against Defendants jointly and severally as well as award

costs, interest, attorney fees and punitive damages so wrongfully incurred.

COUNT IV
WRONGFUL DEATH
Michigan Wrongful Death Act, Mich. Comp. Laws 600.2922 et seq.
(State Supplemental Claim)

60. Plaintiff incorporates by reference the allegations contained in

Paragraphs 1 through 59, above, as though fully set forth herein.

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61. As a direct and proximate result of all of the Defendants conduct

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described herein, individually and/or collectively, Plaintiffs Decedent, Terrance

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Kellom, suffered his untimely and wrongful death.

62. As a direct and proximate result of his wrongful death, the next of kin

of Plaintiffs Decedent, Terrence Kellom, have and will forever suffer those injuries

and damages set forth in Michigans wrongful death statutes.

63. Plaintiff asserts that this Court has jurisdiction to determine damages

under the Michigan Wrongful Death Act, pursuant to 28 U.S.C. 1331 and 1343(3)

and (4), as federal law, 42 U.S.C. 1983 and 1988, allows such claims to be raised

as a matter of federal law and jurisdiction; as well, it has jurisdiction under 28 U.S.C.

1367(a), which provides for supplemental jurisdiction.

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 WHEREFORE, Plaintiffs pray for judgment against Defendants, jointly and

severally, for:

a. Compensatory damages in an amount that will fully and fairly

compensate Terrance Kelloms next-of-kin for their injuries,
damages, and loss;

b. All reasonable funeral and burial expenses;

c. Costs of suit and reasonable attorneys fees; and

d. All other damages recoverable under Michigans wrongful death

statutes, including all such other relief which the Court deems
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appropriate.
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RELIEF REQUESTED
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WHEREFORE, Plaintiffs demand the following relief against all Defendants,

jointly and severally, for the violation of their rights and decedents rights as set forth

herein:

a. A declaration that Defendants violated the federal and state-law-based

rights of Plaintiffs decedent;

b. Compensatory damages for the physical and emotional injuries and pain
and suffering experienced by Plaintiffs decedent and caused by
Defendants unlawful, unconstitutional, and unjustified conduct, in an
amount determined by a jury to be fair, just, and reasonable and in
conformity with the evidence at trial;

c. Compensatory damages for the loss of consortium, emotional suffering,

loss of society and companionship, and loss of services suffered by
decedents heirs, in an amount determined by a jury to be proper under
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 common law and the Michigan Wrongful Death Act, Mich. Comp. Laws
600.2922, et. seq.;

d. Punitive and exemplary damages against the individual Defendants in the

amount of $50 million dollars and to the extent allowable by law;

e. Attorneys fees, pursuant to the Equal Access to Justice Act and state law,
as allowed;

f. The costs, interest, and disbursements of this action; and

g. Such other and further legal and/or equitable relief as appears just and
proper to the Court or the jury in its discretion.
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REQUEST FOR JURY TRIAL

Plaintiff, by and through their attorneys, AYAD LAW, PLLC, hereby request
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a trial by jury in the above-captioned matter on all counts.

Respectfully Submitted,

AYAD LAW PLLC

/s/ Nabih Ayad

Nabih H. Ayad (P59518)

Attorney for Plaintiff
645 Griswold St., Ste. 2202
Detroit, MI 48226
(313) 983-4600
Dated: April 6, 2017 nayad@ayadlaw.com

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